Conditions of Marriage
Her brother is the only Muslim in her family, and he stubbornly refused to give her in marriage to someone, so they chose someone else to be her guardianWhen I proposed, he was evasive over the topic of me marrying his sister who is 24 years of age. he is the only Muslim male in the family. However, he has been deemed by the family to be someone who is hardheaded, and I experienced that he was highly opinionated than reliant on Islamic guidelines of his role. He does not consult any scholars. When we met, he came across as someone who looked for materialistic possessions that I should have had prior to coming to asking for his permission, e.g. my own house (Not rent) or have my own business, other than being employed. To his sister, he presents a series of “what ifs” and only worse case scenarios. I found out that he has never enabled his sister to do anything that was in her interest, and that he always wanted her to do only what he sees right in his eyes. Then his mother and other family members, including the sister, decided to choose another person to serve as a Wali instead of him. Was the decision valid to substitute him? What would be considered ‘adl or that which would deem him unfit for the role? He is also unmarried, and has a child outside wedlock, with a Non-Muslim, does that affect his role as a Wali? Would the renewal of the Nikah be valid while he is still contesting the decision to choose another person instead of him or is his refusal justified? He has just disowned her and asked her never to go back to their family home because of this matter
She does not have a guardian (wali), so the director of the Islamic centre did her marriage contract even though there is an Islamic judge (qaadi)I am a young man and I got married to a girl who was of illegitimate birth. The wali (guardian) who did my marriage contract with her was the director of one of the Islamic centres in the city where I live, because in our country there is no one in a position to be in charge of the Muslims’ affairs; rather there is an institute run by innovators, and they are the ones who do marriage contracts and have the authority to document marriages granted by our government to them, which is a democratic government; the government has given this institute permission to set up Islamic courts, which handle some cases according to Islamic law for which the government gives them permission. This girl was living in the same city where I live, as a seeker of knowledge, but she is not a resident there. When I wanted to marry her, she said that we should go to her city to do the marriage contract there, so we went with that director, but he is not the director of the centre where this girl was studying; rather he is the director of another centre. He did the marriage contract for me with her there. Is this marriage valid? Or should it have been done by the director of the centre in the girl’s city? Or should it have been done by someone from one of the centres in the girl’s city and not my city? Or should the wali have been the imam of a mosque and not a director? Or should the wali have been a director of that institute that is run by innovators? If the answer is that the marriage is invalid, what must I do?
Can an atheist act as guardian for a Christian woman in marriage?There is a man who wants to marry a Christian girl, but her father is an atheist and does not believe in the existence of God. Can her atheist father act as her guardian in doing the marriage contract?
If a woman gives up her right to maintenance and does not want to have children, can she get married without documenting the marriage contract?I have researched on your website the topic of ‘urfi marriage, and I found that if the essential conditions of marriage are met – namely the presence of the woman’s wali (guardian), the proposal and acceptance, the presence of two witnesses of good character and the mahr – and before that there is the intention of a permanent marriage, not a temporary marriage, then in that case the ‘urfi marriage is valid according to Islamic teachings. But I have read that other scholars say that even though the ‘urfi marriage in this case is valid according to Islamic teachings, it is still haraam, because it is detrimental to the rights of the wife and of any children who may be born later on. My question is, is that view correct? And how can an action be valid according to Islamic teachings and yet be haraam at the same time? My second question is: if the ‘urfi marriage is haraam for the two reasons mentioned above, then what is the case if the woman gives up the right to maintenance, including food, drink, clothing and housing, and she only wants a little, and she does not want any inheritance, and she also does not want to have children, because she has a boy and a girl from her previous marriage? Is the ruling different in this case, and does the ‘urfi marriage become valid according to Islamic teachings, and can it be said that there is no element of it that is haraam?
She got married without a guardian and the registrar said that he would be a guardian for her, and issued an official paper for her marriageI fell in love with a woman and we agreed to get married. She has a brother who is older than her, but she said that he would never agree, because I am married and have four children. So we went to a registrar and he said that he would be a guardian for my wife, even though that was the first time we had met him, and he did the marriage and issued official marriage documents. I have not yet consummated the marriage with her, and people often tell me that this marriage is invalid. Please advise me as to whether this marriage is invalid or what?
Is Marriage without a Wali Valid?When I was 16 I used to talk to a guy on the phone. One day, he called me on my number and a person who he said was a molvi asked me thrice if I accept him in my marriage and I said yes three times on the phone. At that time, I was alone, and i don’t know anything about the other side of the phone that how many people were present, the speakers of phone were on or off, who was the person who asked me that, I don’t know anything. I never signed any nikah contract. I met the guy 2-3 times after this incident but never formed relationship of husband and wife. I know that what I did was wrong and a big sin, I soon repented, and completely stopped talking to that guy, I also started covering my face and started following Islam completely. It has been 6 years now and today I am engaged to someone else, but I still doubt that I am in nikah of that guy. I don’t know if it was a real nikah or a fake nikah. I want to ask that: 1) If it was a valid nikah? 2) Can I marry now someone else without letting anyone know about my past? Is it necessary to let my parents and my fiance know about whatever happened in my past? If you can provide me with a reference of a hadith or Quranic verse or any fatwa, it will free me from my suffering. Please note that I follow Hanafi fiqh, so I request you to provide me answer in the light of Hanafi school of thought if possible.
Parents forcing their daughter into a marriageI am muslim. I have to ask a question about my friend who is being forced to marry someone by her parents. She wanted to marry someone else. The guy who she is being forced to marry is more educated and wealthy than the one who she wanted to marry. Her parents has disapproved of her choice and they are forcing her to marry that guy. The guy who she likes is also muslim and very much devoted into islam. But just because the society would not talk about them they don't like the guy who she loves. Any suggestions??
Husband and wife converted together; do they need to do a new marriage contract?Some Muslims made da’wah to call a family, consisting of a husband and wife, to Islam. They embraced Islam and came together to the Islamic centre to declare their Islam. Do they have to do a new marriage contract or not?
They want to conceal their marriageI am converting to Islam, however I find it difficult to tell my family..I will do so in time however is it necessary to announce it officially. I wish to also become a wife to a man (who already has a wife and children) for islamic reasons. The difficult part is also telling his family Is it necessary to annouce our marriage? As we do not wish to hurt anyone. I trust you will be able to guide me as will Allah.
Marriage according to sharee’ah but not the law of the landIf you get married in islamic law but not in the states eyes, and have relations with the one you married is that adultury.
Ruling on marrying young womenI need to know, when did the Holy Prophet get married to Hazrat Aisha, there have been claims on newsgroups that the Holy Prophet was a pedophile. I want enough information to be able to answer such allegations. I need to know everything about this particular marriage, quoting sources. Wa-alaikum
A man accepting Islam can remain married to Christian wifeI have been considering accepting Islam for a number of years now. However, I am married to a devout Mormon (LDS) woman, and have ... children, whom I have promised to raise in her religion. My question has two parts: First, what is the position of a man accepting Islam with a Christian wife, and practicing Islam independently of her, and Second, what of a promise to raise my children in a religion other than Islam. Obviously, I would seek to expose them to Islam, but I am wondering about things such as supporting her desire to have them attend her church, etc.Thanks very much, (name witheld).
Marriage after committing fornication (zinaa)Can a man/women who is sexually involved before they are married, atone for their sins by getting married to the same person?
Woman’s right to refuse marriage to someoneI have a question for my friend. She is 17 years old and they just moved here from their home country and her guardians and mom want her to marry her cousin who lived in their same house back home but this girl really refuses to marry him because she dislikes for some reason and she is begging and crying in front of her mother not to make her marry him. This girl is saying she will not be happy with him My question is does any girl have the RIGHT to say no for her marriage if she does not like the man? This girl is Islamic and going to school and she doesn't know anybody to talk to but she really doesnt want to marry him and her mother is utterly pressuring her by telling her she will die and she will be destroyed if she doesnt marry this guy and her mother is telling her that nobody will marry her because she is not beautiful and rich. Sorry it was long question but please reply me as soon as possible.
A Christian woman wants to stipulate that if they become Muslim, her husband should not take a second wifeThere is a Christian woman who is married and has three children. She is close to entering Islam – by Allah’s leave – but her husband is also Christian, and she is afraid that if her husband becomes Muslim, he will take a second wife. Can she stipulate in the marriage contract that her husband should not take a second wife? Please note that at present they are not Muslim, but after they become Muslim – by Allah’s leave – is it valid for them to write this condition in the marriage contract?
Her guardians refused to arrange her marriage, so the local imam did the marriage contract without documentationmy question is about my marriage as to whether it is valid or not. I married my husband two years ago I had no wali and no one was willing to be a part of mine and his marriage their reason for me not to marry him was that he is already married and has children and he is a different caste of Muslim. I married him by speaking to the imam of our local mosques explained the situation to him and he provided us with the witnesses and read our Nikaah however the Imam didnt have the form we needed for a Nikaah namah. I married my husband out of fear of committing a sin therefore I tried my best to arrange our marriage as quick as I could. My question is this: 1. Is my marriage valid? 2. If my marriage isnt valid what can I do to rectify this? 3. I don't have a nikaah namah can our nikaah be read again? 4. During this new nikaah being read can I put conditions down on our marriage.
Is it permissible for a woman to stipulate that her husband should not offer naafil prayers and so on, and is he obliged to fulfil that stipulation?If it is said that a Girl can write in her marriage contract that her husband can not take second wife, can she also write tomorrow that the husband should not offer Sunnah / Nafil / Perform Umrah etc? Because these acts arent farz too?? If you say no, then how come??? Please mention the views of Sh Bin Baaz and Sh Nasir Uddin Albani on this issue.
Marriage without the woman’s wali (guardian), and innovated divorces (talaaq bid‘i)I married a girl without her guardian after asking a scholar. I asked him If I can her marry her now and later If when her parents are agreed can we do an another nikah later he said yes so we did nikah without her wali. After Nikah I came to know that nikah is invalid according to shariah through a friend. I got confused , after that I was never sure whether we were married or not. We only met twice after the nikah. I thought if its not valid we will get married again once her parents are agreed as we both live with our parents. One day while I was angry I said I divorce you, I divorce you, I divorce you. She was also menstruating. I took her back later but when i asked scholars some said it is irrevocable, some said it is one, some said it is none as its in menstruation. Some even said nikah is not valid so there is no nikah. At that time i studied fiqh and came to know about rulings.The girl contacted the organization and they gave her a fatwa that nikah is invalid so there is no divorce she should stay away from me. I agreed and said there is no nikah we didn’t stay in touch as husband wife after that. After 3-4 months I thought that I divorced her once and I did ruju so now if she married someone else she will be doing haram so I said I divorce you . When I said these words I was all alone . The girl doesn’t know about that. what should i do now?
A Christian woman is worried that her marriage to her Muslim husband may be invalidI am Christian woman married to a Muslim men. We got married more than two years ago and have a child that was conceived after the marriage. We are living like husband and wife but now I am not sure our marriage is valid. In surah Al-Maidah it is written that the woman of the Book must be chaste in order to get married with a Muslim man. Unfortunately, I had a boyfriend and sexual relationships with him before I met my husband. We were not informed about the necessity of being chaste and my husband did not have enough knowledge about that prior marriage. I would really appreciate to get an answer is our marriage valid? I am really worried of my husband committing a sin without even knowing that (I still have not told him about it as I do not want him to be in doubt and blaming himself without getting an answer first). Moreover, I am worried that our son was born in sin. If this is the case, is there and punishment for my son? I have read two different opinions. One says he will not enter the Paradise (but I am not certain about the authenticity of the Hadith stating that). Another opinion says that the baby is not responsible for anyones sins as he is innocent and pure and should not suffer for anything he has not done. Which opinion is the right one?
She unknowingly married her daughter to a mushrik, and she has three children from him, and she is asking about the rulingI had to married my daughter with a polytheist.she had three children.please guide me what have to do .my daughter is muwahidah she never in his husband path.is taking divorce is good or any sins been with him .i am the responsible for any sins in unknownly.